Legislation -
Concurrence Vote Failed
(House)
-
April 30, 2009

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that amends tort law in various ways.

Highlights:

-Limits the amount of noneconomic damages awarded in any action not arising out of contract to no more than $300,000 regardless of the number of parties against whom action is brought or the number of actions brought with respect to personal injury, and specifies that the limit shall be adjusted annually based on any positive increase in the Consumer Price Index, if applicable (Sec. 35).
-Specifies that if the jury and the court find that the acts of the party who caused the damages were "grossly negligent" or "committed intentionally or with malice," the jury may award noneconomic damages in a separate proceeding without regard to the aforementioned $300,000 limit (Sec. 35).
-Removes the provision of existing law that assigns joint and several liability for the damages recoverable by the plaintiff to a defendant if the percentage of responsibility attributed to that defendant is greater than 50 percent (Sec. 33).
-Specifies that evidence of the remarriage or "social situation" of a surviving spouse involved in an action to recover damages for injuries resulting in the deceased spouse's death is admissible (Sec. 25).
-Specifies that a manufacturer or seller shall not be liable in a product liability action if the product is "inherently unsafe" and "known to be unsafe by the ordinary consumer" with "knowledge common to the community" or if the product is "a common consumer product intended for personal consumption" (Sec. 72).
-Requires a party that intends to use an expert to prove liability in an action not arising out of contract to file an affidavit, within 60 days of filing the petition, that attests that the party has consulted with an expert who has determined that a "reasonable" interpretation of the facts supports a finding of liability of the adverse party, and allows the court to grant an extension of up to 90 days for the affidavit to be filed (Sec. 9).
-Requires each plaintiff in a suit with multiple plaintiffs to independently establish "proper venue" (Sec. 8).

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

Legislation -
Bill Passed
(House)
(61-39) -
March 4, 2009(Key vote)

Title: Tort Law Amendments

Vote Result

Yea Votes

Nay Votes

Vote Smart's Synopsis:

Vote to pass a bill that amends tort law in various ways.

Highlights:

-Limits the amount of noneconomic damages awarded in any action not arising out of contract to no more than $300,000 regardless of the number of parties against whom action is brought or the number of actions brought with respect to personal injury, and specifies that the limit shall be adjusted annually based on any positive increase in the Consumer Price Index, if applicable (Sec. 35).
-Specifies that if the jury and the court find that the acts of the party who caused the damages were "grossly negligent" or "committed intentionally or with malice," the jury may award noneconomic damages in a separate proceeding without regard to the aforementioned $300,000 limit (Sec. 35).
-Removes the provision of existing law that assigns joint and several liability for the damages recoverable by the plaintiff to a defendant if the percentage of responsibility attributed to that defendant is greater than 50 percent (Sec. 33).
-Specifies that evidence of the remarriage or "social situation" of a surviving spouse involved in an action to recover damages for injuries resulting in the deceased spouse's death is admissible (Sec. 25).
-Specifies that a manufacturer or seller shall not be liable in a product liability action if the product is "inherently unsafe" and "known to be unsafe by the ordinary consumer" with "knowledge common to the community" or if the product is "a common consumer product intended for personal consumption" (Sec. 72).
-Requires a party that intends to use an expert to prove liability in an action not arising out of contract to file an affidavit, within 60 days of filing the petition, that attests that the party has consulted with an expert who has determined that a "reasonable" interpretation of the facts supports a finding of liability of the adverse party, and allows the court to grant an extension of up to 90 days for the affidavit to be filed (Sec. 9).
-Requires each plaintiff in a suit with multiple plaintiffs to independently establish "proper venue" (Sec. 8).

Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.